Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973--R. 4---Constitution of Pakistan (1973), Art. 212(3)---Misconduct--­Compulsory retirement on proof of misconduct---Service Tribunal taking lenient view, reduced penalty of retirement to that of stoppage of two annual increments without any future effect---Period of absence from duty i.e. compulsory retirement to his rejoining his department, in consequence of that order was treated to be extraordinary leave without pay---Validity---Impugned order of Service Tribunal appeared to be just and fair---Civil servant had been re-instated in service by Service Tribunal by setting aside order of his compulsory retirement from service---Lenient view having been taken by Service Tribunal, no further leniency could be shown to civil servant in peculiar circumstances of the case---Service Tribunal was competent to vary, alter or suspend impugned order in lieu of valid grounds in accordance with law--­Impugned had been passed with due application of mind to facts and circumstances of case---Leave to appeal was refused in circumstances. ORDER RAJA AFRASIAB KHAN, J.---On 22-5-1979, the petitioner, Abdur Rehman was employed as Naib-Qasid in WAPDA. He was, however, ordered to retire compulsorily on 5th of April, 1995 in lieu of misconduct having beer, committed by him. The Federal Service Tribunal, Islamabad partially accepted the appeal of the petitioner with the observations:-- "It was also pointed out that the appellant lodged a complaint against the Medical Superintendent on 5-4-1994 for not properly treating his child who was sick with pneumonia and running high temperature of 106 degree, and was under emergency treatment. According to him the medicines prescribed by the lady doctor were not approved by the Medical Superintendent. It was asserted that the Medical Superintendent lodged his complaint on 6-4-1994 in retaliation to the complaint filed by him to respondent No. 1. One thing is quite obvious that the infant son of the appellant was suffering from pneumonia and running high temperature. It appears that the appellant lost his tamper when the Medical Superintendent did not agree to the medicines…

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